Culpable Driving Lawyers Melbourne

What does it mean to be charged with culpable driving causing death?

Culpable driving causing death, under section 318 of the Crimes Act 1958 (Vic) (“CA”), occurs when a person drives a motor vehicle in a culpable manner, leading to the death of another person. The culpability is determined by factors such as driving recklessly, negligently, or under the influence of alcohol or drugs to a degree that impairs proper control of the vehicle.

Recklessness involves consciously disregarding a significant risk that death or serious harm could result from driving, while negligence refers to a gross failure to meet the standard of care a reasonable person would have observed. The offence also applies when a person drives while impaired by alcohol or drugs or is so fatigued that they pose a substantial risk of losing control of the vehicle.

What the Prosecution Must Prove?

To secure a conviction for culpable driving causing death, the prosecution must prove beyond a reasonable doubt that:

1. You were driving a motor vehicle;
2. Your driving was culpable, meaning it was either reckless, negligent, or impaired by alcohol or drugs; and
3. The culpable driving directly caused the death of another person.

Penalties for culpable driving causing death:

Culpable driving causing death is a serious indictable offence with a maximum penalty of 20 years imprisonment or a fine, or both. The Sentencing Act 1991 mandates custodial sentences for this offence unless specific exceptions apply.

The standard sentence is 8 years, while the maximum penalty is a term of imprisonment for 20 years. This offence cannot be prosecuted alongside unlawful homicide for the same death, nor can charges under the Road Safety Act 1986 for driving under the influence of drugs or alcohol be included in the same indictment.

Where Will My Case Be Heard?

Culpable Driving Causing Death cases will be heard in either the County or Supreme Court.

Factors and defences to consider:

• Were you driving recklessly? Negligently?
• How was your driving considered culpable?
• Were you under the influence of drugs and/or alcohol?
• Did you crash causing the death of another?
• What were the surrounding circumstances of this offence?

What happens next?

After being charged with culpable driving causing death, the next steps involve seeking legal representation from a traffic or criminal law expert, attending court hearings, and deciding whether to plead guilty or contest the charges.

Your lawyer will help gather and challenge evidence, such as witness statements or expert reports, and may apply for bail if necessary. If you contest the charge, the case will proceed to trial, where the prosecution must prove the elements of the offence. If found guilty or a guilty plea is entered, sentencing will follow, potentially including imprisonment, fines, and licence disqualification.

Contact an expert at MK Law on 1800 130 120, who specialises in offences like this for confidential tailored advice to help you receive your best and fairest outcome.